New York A 671: Relates to requiring a valid prescription in order to purchase, obtain or use an electronic cigarette; repealer

Bill Text

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A00671 Summary:

BILL NOA00671 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Rpld §1399-n sub 11, add §1399-ddd, amd §§1399-dd, 1399-bb & 1399-cc, Pub Health L

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Requires a prescription from a licensed physician in order to obtain an electronic cigarette.

Go to top A00671 Actions:

BILL NOA00671 

&nbsp

01/08/2025referred to health

01/07/2026referred to health

Go to topA00671 Committee&nbspVotes:

Go to topA00671 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00671 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 671

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Health

 AN ACT to amend the public health law, in relation to requiring a
 prescription from a licensed physician in order to obtain an electron-
 ic cigarette; and to repeal certain provisions of such law relating
 thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 1399-ddd to read as follows:
 3 § 1399-ddd. Prescription required for electronic cigarette use. 1. For
 4 purposes of this section, "electronic cigarette" shall have the same
 5 meaning as in subdivision thirteen of section thirteen hundred ninety-
 6 nine-aa of this article.
 7 2. (a) Electronic cigarettes shall be made available only to individ-
 8 uals over the age of eighteen who have been prescribed to use such elec-
 9 tronic cigarettes by a licensed physician authorized to issue such
 10 prescriptions. Purchasing, obtaining or using electronic cigarettes
 11 without a valid prescription from a licensed physician shall be prohib-
 12 ited and be deemed a violation of this section.
 13 (b) Electronic cigarettes shall only be made available through any
 14 individual, firm, corporation or association who is licensed and regis-
 15 tered to operate as a pharmacy pursuant to article one hundred thirty-
 16 seven of the education law.
 17 3. The commissioner is authorized to promulgate rules and regulations
 18 to implement the provisions of this section.
 19 § 2. Subdivision 11 of section 1399-n of the public health law is
 20 REPEALED.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02052-01-5

 A. 671 2

 1 § 3. The section heading and opening paragraph of section 1399-dd of
 2 the public health law, as amended by chapter 448 of the laws of 2012,
 3 are amended to read as follows:
 4 Sale of tobacco products[,] or herbal cigarettes [or electronic ciga-
 5 rettes] in vending machines. No person, firm, partnership, company or
 6 corporation shall operate a vending machine which dispenses tobacco
 7 products[,] or herbal cigarettes [or electronic cigarettes] unless such
 8 machine is located:
 9 § 4. Subdivisions 4 and 5 of section 1399-bb of the public health law,
 10 as amended by section 4 of part EE of chapter 56 of the laws of 2020,
 11 are amended to read as follows:
 12 4. No retail dealer engaged in the business of selling or otherwise
 13 distributing [electronic cigarettes or] vapor products intended or
 14 reasonably expected to be used with or for the consumption of nicotine
 15 for commercial purposes[, or any agent or employee of such person, shall
 16 knowingly, in furtherance of such business, distribute without charge
 17 any electronic cigarettes to any individual under twenty-one years of
 18 age].
 19 5. The distribution of tobacco products[, electronic cigarettes,] or
 20 vapor products intended or reasonably expected to be used with or for
 21 the consumption of nicotine, or herbal cigarettes pursuant to subdivi-
 22 sion two of this section or the distribution without charge of [elec-
 23 tronic cigarettes, or] vapor products intended or reasonably expected to
 24 be used with or for the consumption of nicotine, shall be made only to
 25 an individual who demonstrates, through (a) a driver's license or non-
 26 driver identification card issued by the commissioner of motor vehicles,
 27 the federal government, any United States territory